US Citizen father petitioning adult married daughter with children

[ramirezsmallman 0]

US Citizen father petitioning adult married daughter with children - how long can we expect the I-130 to take?

[payxibka 10,045]

7 minutes ago, ramirezsmallman said:

US Citizen father petitioning adult married daughter with children - how long can we expect the I-130 to take?

It's not the i130 that you should be worried about but the priority date on the visa bulletin.   

[ramirezsmallman 0]

1 minute ago, payxibka said:

It's not the i130 that you should be worried about but the priority date on the visa bulletin.   

I agree that will delay the process the longest, but I am asking because father is 86 years old and ailing. It is my understanding that if something happens to him, and the I-130 has been approved, we can finish out the process however long it takes... correct? But if he passes before I-130 is approved, then we cannot continue the process. This is why I'm asking how long it could take to get the I-130 approved? Dad wanted us to have US Citizenship but we never really moved on it and now he is really insisting we find out at least what it would take so here we are.

[aaron2020 11,651]

It take take a few months to several years for the I-130 to be approved.  No way to control this. 

 

You are counting on humanitarian reinstatement.  It's discretionary.  There's no guarantee that it will be granted.  

How old is your sister?  How old are her kids?  What country are they from?

Edited March 12, 2021 by aaron2020

[ramirezsmallman 0]

2 hours ago, aaron2020 said:

It take take a few months to several years for the I-130 to be approved.  No way to control this. 

 

You are counting on humanitarian reinstatement.  It's discretionary.  There's no guarantee that it will be granted.  

How old is your sister?  How old are her kids?  What country are they from?

50 years old, 10 and 13 year old kids and from Colombia

[SusieQQQ 11,586]

2 hours ago, ramirezsmallman said:

I agree that will delay the process the longest, but I am asking because father is 86 years old and ailing. It is my understanding that if something happens to him, and the I-130 has been approved, we can finish out the process however long it takes... correct? But if he passes before I-130 is approved, then we cannot continue the process. This is why I'm asking how long it could take to get the I-130 approved? Dad wanted us to have US Citizenship but we never really moved on it and now he is really insisting we find out at least what it would take so here we are.

Not necessarily, is the answer to the first question. Depends on various factors and is discretionary. 
 

They do not rush I130 processing for cases with long term priority dates, like F3 and F4.

 I130 approval for F3 cases at California service center for example has been taking 101-130 months, at Nebraska SC 128-166 months, Texas is relatively fast at 67-86.5 months. You have no control over which service center the petition gets sent to.

[aaron2020 11,651]

3 minutes ago, ramirezsmallman said:

50 years old, 10 and 13 year old kids and from Colombia

Ok, here is the problem.

 

If the I-130 is approved quickly, then the children will have little CSPA protection.  They will turn 21 years old and age out. and not be able to immigrate with their mother.

 

If it takes USCIS one year to approve the I-130, then the children will age out when they turn 22 years old (21 + 1).

 

If it takes UCIS four years to approve the I-130, then the children will not age out until they turn 25 years old (21 + 4).

 

Currently, it is taking 13 years for a US citizen to petition for a married child in the F3a category.

 

If you are lucky to get humanitarian reinstatement, it is unlikely that the kids will be able to immigrate with their mom.

 

Sorry.

[ramirezsmallman 0]

What if I petition her as my step sister? Same thing?

[SusieQQQ 11,586]

1 minute ago, ramirezsmallman said:

What if I petition her as my step sister? Same thing?

How old was the younger stepsibling when the marriage creating the step relationship took place?

[aaron2020 11,651]

10 minutes ago, ramirezsmallman said:

What if I petition her as my step sister? Same thing?

In order to petition for a stepsister, one of you must have been under age 18 when the marriage creating the step-sibling relationship took place. 

 

Same thing about aging out.  Currently, it takes 14-15 years for a US citizen to petition for a sibling.  Are you a US citizen?

Edited March 13, 2021 by aaron2020

[SusieQQQ 11,586]

6 minutes ago, aaron2020 said:

Ok, here is the problem.

 

If the I-130 is approved quickly, then the children will have little CSPA protection.  They will turn 21 years old and age out. and not be able to immigrate with their mother.

 

If it takes USCIS one year to approve the I-130, then the children will age out when they turn 22 years old (21 + 1).

 

If it takes UCIS four years to approve the I-130, then the children will not age out until they turn 25 years old (21 + 4).

 

Currently, it is taking 13 years for a US citizen to petition for a married child in the F3a category.

 

If you are lucky to get humanitarian reinstatement, it is unlikely that the kids will be able to immigrate with their mom.

 

Sorry.

The more likely scenario however is that the petition takes 8 or 10 years to approve, which given what is stated about the age and health of the father has its own issues.

Just now, aaron2020 said:

In order to petition for a stepsister, one of you must have been under age 18 when the "common" parent married.  

 

Same thing about aging out.  Currently, it takes 14-15 years for a US citizen to petition for a sibling.  

In this case however the 10 years + for approval will most likely protect the children from aging out.

[aaron2020 11,651]

Just now, SusieQQQ said:

 

In this case however the 10 years + for approval will most likely protect the children from aging out.

If it takes 10 years to approve the I-130.

 

My USC sister-in-law filed for her brother in July 2019.  The I-130 was approved Feb. 2021.  Only took 19 months.  

[SusieQQQ 11,586]

Just now, aaron2020 said:

If it takes 10 years to approve the I-130.

 

My USC sister-in-law filed for her brother in July 2019.  The I-130 was approved Feb. 2021.  Only took 19 months.  

Interesting, that seems unusual. Most people who report here seem to go via CSC or NSC where it takes forever, yes definitely a problem for a sibling petition with children at risk of aging out if approved so quickly. Hopefully your SIL doesn’t have nieces and nephews who might age out.

[aaron2020 11,651]

2 minutes ago, SusieQQQ said:

Interesting, that seems unusual. Most people who report here seem to go via CSC or NSC where it takes forever, yes definitely a problem for a sibling petition with children at risk of aging out if approved so quickly. Hopefully your SIL doesn’t have nieces and nephews who might age out.

There are kids.  The oldest is now 9.  He'll age out at 22 1/2 years old.  Hopefully, the PD becomes current before that time.  

[ramirezsmallman 0]

42 minutes ago, aaron2020 said:

In order to petition for a stepsister, one of you must have been under age 18 when the marriage creating the step-sibling relationship took place. 

 

Same thing about aging out.  Currently, it takes 14-15 years for a US citizen to petition for a sibling.  

We share a biological father who was never married to my mother. So I cannot provide records from marriage to my mother but his name is on both our birth certificates. Would this still be accepted?